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We have a very comfortable couch at Justitia, which is where we have our best discussions. This is what we’re talking about at the moment.

Insight: investigating sexual harassment in the US entertainment industry

Posted by Oct 18, 2019

This week Justitia was fortunate to host the Australasian Association of Workplace Investigators’ (AAWI) Melbourne Local Circle for a presentation by visiting US workplace investigator, Michael Robbins. Michael practised as a labour and employment lawyer for over 20 years before establishing EXTTI (Expert Testimony Training Investigations). He is a highly credentialed workplace investigator with particular […]

Victoria’s new Labour Hire Licensing Scheme

Posted by Oct 8, 2019

The new Victorian Labour Hire Licensing Scheme (Scheme) – designed to provide protection to vulnerable labour hire workers – came into force on 29 April 2019. The labour hire industry in Victoria is now regulated by the Labour Hire Licensing Authority, which is responsible for implementing the Labour Hire Licensing Act 2018 (Vic) (Act) and […]

Accommodating cultural diversity during an investigation

Posted by Sep 10, 2019

Despite living in a multi-cultural society, we do not always adequately take stock of the impact of our customs and practices on those who were not raised in Australia, who may not have been raised in a first-world country, or who do not speak English as a first language. Grappling with bureaucratic and legalistic processes […]

Message received – FWC says text message dismissal was “unconscionably undignified”

Posted by Jul 12, 2019

Casual employment is a popular option for employers who want flexibility. However, employers should not assume that this flexibility allows them to dismiss casual employees without due process or consequence. In the recent decision of Kurt Wallace v AFS Security 24/7 Pty Ltd, an employer was harshly criticised for summarily dismissing a casual security guard […]

Justitia Lawyers and Consultants Announces the Appointment of Two New Partners!

Posted by Jun 19, 2019

We are delighted to announce the appointment of two new partners at Justitia: Magda Marciniak and Melissa Scadden. The appointments will be effective from 1 July 2019. Magda Marciniak advises clients primarily in local government and State government agencies and has worked with them for many years, forging strong and supportive client/advisor relationships. Magda leads […]

Does an employer have to give a reason when terminating employment during the probationary period?

Posted by Jun 11, 2019

The Federal Circuit Court, in the recent penalty decision of Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd (No. 2) [2019] FCCA 1295, ordered the employer to pay a penalty of $20,000 after it dismissed a probationary employee for a prohibited reason. The penalty was additional to the approximately $10,000 that was awarded in […]

Face-to-face training in the age of #MeToo – a luxury or an opportunity?

Posted by May 28, 2019

Earlier this year, the International Bar Association and the Women Lawyers Association of NSW made a joint submission to the Australian Human Rights Commission’s National Inquiry into Sexual Harassment in Australian Workplaces (the Inquiry). The submission made for a sober read. It is a reminder that the legal profession – like many other professions and […]

Performance management and receiving feedback – what does it trigger in you?

Posted by May 24, 2019

A few weeks ago I was invited to speak at a conference on the topic of performance management. My first thought was “great!” – it’s a topic I have spoken on many times before, so I was fairly confident I could revamp something without too much effort. Yet as the conference approached and my enthusiasm […]

New WorkSafe (Vic) Info Sheet on family violence

Posted by Mar 21, 2019

WorkSafe Victoria have issued a new Information Sheet for employers called “Addressing Family Violence in the Workplace” (January 2018). It reminds us of the important role that workplaces can play in preventing and responding to family violence by providing a safe and supportive working environment for all employees. The information sheet aims to assist employers understand […]

Private Sector Whistleblowing Laws Finally Introduced

Posted by Mar 4, 2019

After a lengthy spell in parliament, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018 passed both Houses of Parliament on 19 February 2019. The policy reasons for these new laws are stated in the Explanatory Memorandum: Combating corporate crime is a longstanding law enforcement and public policy challenge. Corporate crime is estimated to cost […]